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Child Support
Get help here on any issues around payment and non-payment of child support. Custody and visitation rights issues are legally separate from support and have their own topic. Be advised that many answers here apply only to the United States and may not apply anywhere else.
8,359 Questions
Can an IRA be garnished for civil lawsuit settlement?
Generally, no. If you are a party to a civil suit, your Social Security benefits cannot be seized or garnished under most circumstances. According to federal law (Section 207 of the Social Security Act (42 U.S.C. 407), only the federal government can garnish your benefits, and even then, they typically take only a portion. Benefits may be taken only:
- to enforce child support or alimony obligations
- to collect unpaid federal taxes (up to 15% of your monthly benefit)
- to satisfy a non-tax debt owed to another department of the government
- to enforce obligations under the Mandatory Victim Restitution Act (18 USC § 3613).
Once the benefit amount is in your possession, however, the government will not help you protect it; you must be able to demonstrate the source of your income is Social Security. If you are in danger of having to pay a settlement in a civil action, the best way to protect your Social Security check is to open a separate bank account used only for deposits from the SSA.
If you also receive Supplement Security Income (SSI), it cannot be garnished or levied by anyone for any reason.
For more information, see Sources and Related Links, below.
How do you take away parental rights for non payment of child support?
The parent have to give up his parental rights voluntarily or the court can do it but child support can be taken out of his wages if he refuses to pay. There are many ways the court can see to that he pays. They don't end someones parental rights for not paying child support because even if the parental rights are gone they still have to pay child support. If you mean his custody or visitation rights, they are a separate issue and does not involve child support. One have to see to what is best for the child and try to let the child have both parents in their life. So go back to the court that issued the child support order and tell them that he is breaking the order by not paying.
Will Virginia extradite you for failure to appear on child support?
NOTE: You should consult an attorney to discuss the facts of your particular case.
Virginia can and will request extradition for probation violations but the decision can be both fact and jurisdiction-specific. Each Commonwealth's Attorney's Office weighs the costs and benefits of pursuing extradition based on the underlying case. To understand what goes into that decision generally, see the Virginia Extradition Manual, available at: http://www.commonwealth.virginia.gov/judicialsystem/extraditions/extraditionManual.pdf
While the Commonwealth does bear the up-front costs of extradition, if found guilty, Virginia Code Section 19.2-112 states that the defendant is assessed the extradition costs and expenses.
If a Capias (warrant) has been issued alleging a probation violation, if you are stopped for something as minimal as a speeding ticket in another state, you may be arrested and the extradition process would begin. In Virginia, a capias issued for probation violation(s) is valid for 7 years. In the long run, it may be worth it to get back and face the charge before you get dragged back in handcuffs and run the risk of footing the bill.
[previous answer below]
For misdemeanor violations, most states I do believe VA will not bother with it. It cost them upwardly of $5000.00 to do that and they just don't care. Just stay out of VA and any place near here. Check with an attorney to make sure.
What is the obligation of the father?
The number one obligation of the father is to support his child financially, emotionally and in every other way he can to help the child grow into a capable, responsible adult who is able to support herself or himself in the world.
What happen when child support recipient dies and it is arrears?
They can put a claim against the estate.
Your daughter father get ssi will he still have to pay childsupport?
Yes. SSI (supplemental security insurance overseen by the SSA) is meant to provide a needy individual (child or adult) with enough funds to pay for his or her life necessities. The matter of a minor child receiving SSI for any reason will not relieve the biological father of his financial responsibilities. Once the child support amount has been established by court order, the SSI payment may cease or be reduced accordingly.
Can a father terminate his parental rights in Louisiana?
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
If father gets remarried does child support include his new spouse?
no
In California, 20% of the income of a new spouse/SO can be used. In Ohio, the difference in "household" incomes can be use in a rebuttable presumption, but both are a two way street.
What is it like to raise a child with special needs child?
Actually, I became a better parent to my children that are not special needs due to the parenting techniques I practiced with my oldest autistic child. Each special needs is different, but I found I took the time to detail and explain expectations better. I think we make an assumption with children that they understand consequences or how tohandle certain social situations, when actually, they learn trial & error. We assume a special needs child needs support to understand their environment and lessons so we take more time to and offer more patience. There is a huge benefit to offering all kids this level of training & support....and confidence!
Can an alleged father gain custody of a child without a DNA test being taken?
A DNA test can only prove that you are NOT the father. If you were married at the time or if were not married and the mother claims that you were the father, the courts will assume that you are responsible. It is your obligation at that point to prove otherwise. * Not if you contest the suit/act naming you as the father. DNA testing establishes parentage and rules out the possibility of parentage. It is the responsibiity of the mother who files for child support to prove that the person named as the father is the father. It is the responsibiiity of a father seeking custodial rights to prove he is the father or seeking to be relieved of parental obligation that he is not the father. Obviously either type of suit will determine parentage.
Can state withhold federal tax refund for back child support?
Yes. My husband and I filed our federal refund jointly (mind you he was behind 3K on child support) and they took it all of what he owed. BUT, I went back and filed out an 'Injured Spouse Form' to get back what i earned.
Are you required to keep paying for Health Insurance on an 18 yr old child?
Yes,
unless the child is enrolling in college in which case they would remain on the plan
or
you enroll the child in Cobra, in which case you would have to pay 100% of the single premium for the child; which will still be cheaper than an individual plan.
What are the child custody laws between two people that are not together?
The parents decide who takes care of a child. If the parents can't agree, the court steps in and theoretically decides what is best for the child. If the father has not established paternity legally (supporting the child, having a DNA test done) he may have to prove paternity before being considered by the court. Even if two people are not together, it is better if they get some counseling and advice and learn make joint decisions concerning the child without involving the courts.
Can short term disabilty be garnished to pay back child support in arrears in NJ?
Most likely, the majority of disability benefits are considered income and therefore subject to garnishment. The deciding factor is usually the type of disability benefits whether from a private or public source. All SS benefits and state public assistance benefits are garnishable for child support obligations
Please be advised, when exemptable funds are comingled with other non exempt funds they are considered income until the account holder proves the monies are not subject to garnishment.
Ultimately, in every state, that's up to a judge.
Mother type A father type B is child type A?
I assume you are talking about blood type, and it would depend.
According to you the phenotype is type A on the mother, and type B on the father.
A and B are both co-dominant, and the O is recessive.
Therefore it is possible that the mother is either AA or AO, and the father either BB or BO.
You would have to make a Punnett square to see what percentage chance the child will be either AB, AO, BO, or OO (no chance of AA or BB). Meaning the child could be any type: AB, A, B, or O.
If we assume both parents are homozygous AA and BB, there is no way the child will be type A, he/she would be AB.
There is also no way for the child to be homozygous AA or BB.
Is veterans affairs disability used for child support in Florida?
United States Code, Title 38, Section 5301, Non assignability and exempt status of benefits, reads in part;
Payment of benefits due or to become due under any law administered by the secretary shall not be assignable except to the extent specifically authorized by the law, and such payments made to, or on a account, of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the beneficiary.
It is my understanding that a veteran's service-connected disability compensation is intended to financially compensate a military veteran disabled in the line of duty. This compensation is not an asset or property and should not be used to calculate a veterans net worth. Disability compensation is awarded to a veteran that has lost some/all physical or mental ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt and is not classified "income" by the IRS. VA disability compensation is non-transferable and cannot be awarded to a third party under any legal process whatsoever. Even after the veteran has deposited these funds into their personal bank account they are federally protected from attachment or seizure. Disability compensation belongs solely to the disabled veteran that has suffered the disability and therefore should not be used to calculate income.VA monetary benefit entitlements with are generally based on either the veterans disability or wartime service from service-connected injury or disease. Compensation is generally not considered remuneration (payment) for employment.
However, the Social Security Act and the statutes governing benefit payment by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans' benefits under certain circumstances. Department of Veterans Affairs has issued regulations pursuant to 38 U.S.C. 5307 that provide for an apportionment of VA benefits between the veteran and his/her dependents under certain circumstances. VA regulations at 38 CFR Section 3.450(a)(1)(ii) provide that, if the veteran is not residing with his or her spouse, or if the veteran's children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse's or children's support, all or any part of the veteran's pension, compensation, or emergency officers' retirement pay may be apportioned.
I would look for a organization call "Operation Firing for Effect" They are fighting to support Veterans rights and have been dealing with such cases. Their website is http://www.offe2008.org/. I hope that answers your question.
The worried mother prayed for divine intervention in her seriously ill child's life?
realating to God or a god
Can a child be taken away from his father if hes not legitimized?
The illegal mother does not have rights to your biological child. So yes you do have full rights to your child then the illegal mother. Only the biological mother has rights to the baby unless its done in court.
There's no such thing as an "illegal mother" - motherhood is not a crime. I suspect the author of the question meant to say that the child's mother is an undocumented alien. If so, in the US she has the same rights to her child as a citizen.
How do you find a pro bono reduced fee lawyer in Mississippi?
You may be able to find a pro bono or reduced-fee lawyer in private practice, but it's very rare and they don't advertise; you'd have to ask around. It's easier to find a Legal Aid office, although they don't take all types of cases. Some handle custody and support cases, but some don't. Use the first related link below to find help; try the "Free and Low-Cost Legal Services" and "Free Legal Services" links to find agencies, and the "Guide to Hiring a Lawyer" link for some tips. You may also be interested in the "Free Legal Information Clinics" for free information, but not for actual representation in court.
You could also try calling your local bar association in most Mississippi counties; a directory of local bar associations and contact persons is at the second related link.
If the father is locked up for life does he have any parental rights?
I do believe that any father/mother convicted of a felony in which a life sentence was enacted forfiets their parental rights. You may petition the court to file the necessary paperwork. As with any other issue, the ultimate decision lies with the court however; the fact that the parent will have no day to day influence on the child and will be unable to sustain a parent/child relationship, the court will more than likely relinquish any parental rights.
When does child support stop in New York state when the child attends college?
Regardless of college, child support runs until age 21. If the child is no longer living in the custodial parent's home, than a motion should be filed for that parent to also be paying. see links below
Why do our teens fight their parents' beliefs?
They fight their parent's beliefs because they are questioning everybody and everything on the way to becoming separate adults. You can discuss things they need to know, but take them lightly when they come up with different thoughts. However, I think they still need to go with the family "rules" for living while they are in the household and act reasonably pleasant about it even if they don't agree.
Rebellion is part of the development of indivuality and independence. They find something that does not make sense to them, so they challenge its truth or correctness in a search to either confirm why they should believe it or that it is wrong and they need to find something else to fit the gap.
Do you still have to pay child support if you give up parental rights in Wisconsin?
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
Does a non custodial parent pay child support while he or she attends college?
All biological parents are legally responsible for the financial support of their minor children regardless of the circumstances. The issue of not having custodial rights and being in college is not relevant to the court when a support order is issued.
